Explain the pleading that initiates a civil law suit

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Reference no: EM131614354

1. Which of the following is NOT a type of case that a family court might hear?

A.divorce
B.adoption
C.termination of parental rights
D.distribution of assets after death

2. Living apart is sufficient to constitute a separation that would be grounds for divorce.

True
False

3 In the case of Santosky v. Kramer, the U.S. Supreme Court held that

A.men have a right to custody of their children
B.a high standard of proof is required before parental rights can be terminated
C.divorce can only occur after a "cooling off" period
D.adoptive children have a right to visit their natural parents

4. The case of Schall v. Martin found that preventive detention of juveniles is unconstitutional.

True
False

5. At common law, children under the age of seven were considered incapable of possessing

A.weapons
B.drugs
C.the ability to commit a harmful act
D.criminal intent

6. The first U.S. Supreme Court case to directly address the due process rights of juveniles was

A.Ex Parte Crouse
B.Kent v. U.S.
C.In re Gault
D.McKeiver v. Pennsylvania

7. Most contracts used in everyday life are oral, not written.

True
False

8. In Morse v. Frederick, why does the court decide that Morse was not violating Frederick's first amendment rights?

A.He was in a school setting, therefore there are exceptions.
B.It did not happen on school property.
C.He is still able to say things, just not post them up for others to see.
D.Morse warned Frederick several times about the poster.

9. In a premises liability case, an "invitee" is

A.a person injured on the premises of another
B.anyone who is invited to the home of another
C.the owner of property on which someone is injured
D.a person who causes an injury on the property of another

10. When a reasonable person breaches his/her duty to perform a standard of care that results in harm, this is called

A.strict liability
B.causation
C.intentional tort
D.negligence

11. A judge in a civil lawsuit is not allowed to influence the parties to settle the case.

True
False

12. A Motion for Summary Judgment will be denied if

A.a question of fact exists
B.no question of law is in dispute
C.the party filing the motion is entitled to discovery
D.the party against whom the motion was filed does not respond

13. A type of verdict in which a jury decides who prevails in a civil case is a

A.general verdict
B.special verdict
C.ultimate verdict
D.de novo review

14. Crimes involving public order are those that govern behavior that is harmful to the functioning of an orderly society.

True
False

15. Crimes that are prohibited because they are considered to be evil in themselves are

A.mens rea
B.stare decisis
C.mala in se
D.mala prohibita

16. Two general categories of defenses are

A.justifications and excuses
B.excuses and explanations
C.justifications and dismissals
D.excuses and reconsiderations

17. Search and seizure is governed by what amendment?

A.4th amendment
B.3rd amendment
C.5th amendment
D.6th amendment

18. Facts and circumstances that would lead a reasonable person to believe a crime has been committed or is about to be committed refers to

A.the subjective standard for arrest
B.the reasonable person standard
C.the only requirement for a warrant
D.the requirements for probable cause

19. The "plain view" doctrine is an exception to the warrant requirement.

True
False

20. Mediation and arbitration are examples of

A.alternative dispute resolution
B.mechanisms for conducting trials
C.statutory interpretation
D.judges' involvement in politics

21 What is the name of the pleading that initiates a civil law suit? What are the elements of this pleading, for it to be valid? Please make sure you define the pleading and each element.

22. What are the four main types of crime? Define and give an example of each.

Reference no: EM131614354

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